Bombay High Court

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Allows Assessee in GST Limitation Case by Setting Aside Show Cause...
Supreme Court Upholds Election Petitioner in Representation of People Act, 1951 ...

Bombay High Court

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Bombay High Court Quashes Show Cause Notice Issued to Petitioner in Foreign Trade Act Case — Misreading of Earlier Division Bench Judgment Invalidates SCN. The court held that the show cause notice under Section 14 of the Foreign Trade (Development and Regulation) Act, 1992, was based on an erroneous interpretation of a prior judgment that had already settled the issue of prospective application of a policy circular....

The petitioner, Essar Shipping Limited, challenged a show cause notice dated January 13, 2023, issued by the Director General of Foreign Trade under Section 14 of the Foreign Trade (Development and Re...

High Court

Bombay High Court Quashes Commercial Court Order Rejecting Application for Judgment on Admissions Under Order XII Rule 6 CPC — Matter Remitted for Fresh Consideration. The court held that Order XII Rule 6 CPC permits judgment on admissions without waiting for evidence, and the Commercial Court's failure to exercise jurisdiction warranted remand....

The appellant, Iqbal Dalla, filed a counter claim in a commercial suit filed by respondent Life Insurance Corporation of India Limited seeking recovery of Rs.49,24,532/-. The appellant claimed that th...

High Court

Bombay High Court Quashes Show Cause Notice Against Petitioner in SFIS Duty Credit Scrip Case — Misreading of Division Bench Judgment Leads to Unjustified Reopening of Settled Claims. The court held that a policy circular held to be prospective cannot be used to reopen benefits already granted and utilized, and that a show cause notice based on a misreading of a prior judgment is untenable....

The petitioner, Essar Shipping Limited, challenged a show cause notice dated January 13, 2023, issued by the Director General of Foreign Trade (DGFT) under Section 14 of the Foreign Trade (Development...

High Court

Bombay High Court Allows Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Award Set Aside for Patent Illegality and Violation of Natural Justice. Court held that the arbitral tribunal's rejection of the counterclaim without considering evidence and without granting an opportunity to be heard amounted to a patent illegality and breach of natural justice....

The petitioner, Marine Electricals (India) Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside an arbitral award passed by a sole arbitrator. The disput...

High Court

Bombay High Court Quashed FIR and Charge-Sheet Against Hospital Directors — Purely Civil Dispute With No Criminality Involved Tagline: No Ingredients of Cheating Established — Criminal Proceedings Termed an Abuse of Law Headnote: Acts and Sections Discussed: Constitution of India (COI) — Article 226 (Writ Jurisdiction) Code of Criminal Procedure, 1973 (CrPC) — Section 482 (Inherent Powers of High Court) Indian Penal Code, 1860 (IPC) — Section 418 (Cheating With Knowledge), Section 420 (Cheating and Dishonest Inducement), Section 34 (Acts Done by Several Persons in Furtherance of Common Intention) Keywords:Writ Jurisdiction — Quashing of FIR — Commercial Transaction — Civil Suit — Non-Payment of Dues — Abuse of Process — No Criminal Offence Nature of the Litigation:Writ Petition filed under Article 226 of the Constitution of India seeking quashing of FIR and charge-sheet. Petitioners’ Relief Sought:Quashing of FIR No.98 of 2020 lodged at Bhosari Police Station and the charge-sheet arising from it. Reason for Filing the Case:Allegations of non-payment of professional dues and financial aid advanced to the hospital. Prior Decisions:Special Civil Suit No.1161 of 2018 filed by the complainant for recovery of Rs.53,11,652/- was pending before the Civil Judge, Senior Division, Pune. Issues:Whether the dispute between the parties was of a civil or criminal nature, and whether criminal proceedings were maintainable alongside a pending civil suit. Submissions/Arguments:(a) Petitioners: FIR related to events preceding their control of the hospital — No criminal intention or inducement established — Civil suit already instituted for the same financial claims. (b) Respondents: Civil and criminal proceedings can proceed simultaneously — Alleged WhatsApp messages demonstrated promises to clear dues. Decision:FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. Ratio:No criminal offence was made out against the petitioners — Allegations of non-payment related to a period before the petitioners took control of the hospital — Civil remedy already sought by the complainant — No dishonest inducement proven as required under Sections 415 and 420 of IPC. Relevant Paragraphs:Paras 9, 10, and 11 of the judgment outline the court’s rationale for quashing the FIR and charge-sheet....

FIR and charge-sheet quashed — Court held that the case was purely civil in nature, with no elements of cheating or criminality — Proceedings deemed an abuse of process of law. No criminal offenc...

High Court

Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable....

The Bombay High Court dealt with two writ petitions arising from a dispute concerning the re-audit of a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960. The Parga...

High Court

Bombay High Court Dismisses Petition to Replace Arbitrator in Arbitration Dispute — Past Legal Representation Does Not Attract Seventh Schedule Ineligibility. Court holds that past representation of affiliates as counsel does not constitute current representation or business relationship under Items 1 and 2 of Seventh Schedule of Arbitration and Conciliation Act, 1996....

The petitioner, Priyanka Communications India Pvt, filed a petition under Sections 12, 13, and 14 of the Arbitration and Conciliation Act, 1996, seeking to set aside an order dated November 11, 2024, ...

High Court

Bombay High Court Dismisses Challenge to Attempt Limit for PwBD Candidates in Civil Services Examination. Classification Between SC/ST and OBC/General PwBD Candidates Held Reasonable Under Article 14....

The petitioner, Dharmendra Kumar, a person with 57% multiple disability (locomotor and low vision), challenged Rule 3 of the Civil Services Examination Rules 2024, which restricts the number of attemp...

High Court

Bombay High Court Dismisses Borrowers' Challenge to District Magistrate's Order Appointing Tehsildar for Possession in Cooperative Society Recovery. The Court held that the District Magistrate's power under Rule 107(11)(d-1)(vi) of the Maharashtra Cooperative Societies Rules, 1961 is ministerial and does not require a hearing to the borrower....

The petitioners, Amit Prakash Jori and Jyoti Prakash Jori, were borrowers who had taken a loan of Rs.30 lakh from respondent No.2, Dyandeep Co-op. Credit Society Limited, on 5th October 2016. Upon def...

High Court

Bombay High Court Dismisses Employer's Petition Challenging Workman's Right to Advocate in Domestic Enquiry. Management Representative with HR Background and Enquiry Experience Deemed Legally Trained Mind, Justifying Workman's Right to Legal Representation Under MRTU & PULP Act....

The case involves a challenge by the employer, The Indian Express (P) Ltd and its officers, against an order of the Industrial Court at Thane dated 9 December 2024. The Industrial Court allowed the wo...

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Bombay High Court

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Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable....

Bombay High Court Dismisses Challenge to Attempt Limit for PwBD Candidates in Civil Services Examination. Classification Between SC/ST and OBC/General PwBD Candidates Held Reasonable Under Article 14....

Bombay High Court Dismisses Employer's Petition Challenging Workman's Right to Advocate in Domestic Enquiry. Management Representative with HR Background and Enquiry Experience Deemed Legally Trained Mind, Justifying Workman's Right to Legal Representation Under MRTU & PULP Act....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Karnataka High Court Examines Revision Against Concurrent Conviction in Cheque Dishonour C...

High Court of Karnataka Hears Petitioners in Food Safety and Standards Act Case Seeking Qu...

Supreme Court Allows Assessee in GST Limitation Case by Setting Aside Show Cause Notice fo...

Supreme Court Upholds Election Petitioner in Representation of People Act, 1951 Matter on ...

Supreme Court Quashes Domestic Violence Proceedings Against Husband Based on Prior Settlem...

Supreme Court Upholds Appeal in Stamp Duty Classification Dispute; Industrial Use Prevails...

Supreme Court Upholds Directions for Expedited Construction of Limited Use Subway at Level...